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Updated: May 24, 2025
The jury disagreed, and a nolle prosequi was entered. The net results of the trials were a large addition to the membership of the National Secular Society, an increase of circulation of Freethought literature, the raising of Mr. Foote for a time to a position of great influence and popularity, and the placing of his name in history as a brave martyr for liberty of speech.
But we both studied a little Latin when boys, and between us we'll undermine the meaning." Tom assented, and to work they went. Jack had the most Latin; but, do all he could, he was not able to find a "nolle" in any dictionary. After a great deal of conjecture, the friends agreed it must be the root of "knowledge," and that point was settled.
He said that when Northwick's friends communicated with him and ascertained his readiness to surrender the money he had with him, and to make restitution in every possible way, it would be time to talk of a nolle prosequi. In the meantime, by the fact of absconding he was in contempt of court. He must return and submit himself for trial, and take the chance of a merciful sentence.
An order of nolle prosequi, founded on his well authenticated state of intoxication on the evening of the ambush, had set him at liberty. He had taken to his heels.
They let him out at last upon something they called a Nolle prosequi of the Attorney-General, or some suchlike dignitary of the law which nolle prosequi I take to be a kind of habeas corpus for gentlefolks.
Upon the same principle, two or more words have been contracted into one, as sodes for si audes, sis for si vis, capsis for cape si vis, ain' for aisne, nequire for non quire, malle for magis velle, and nolle for non velle; and we often say dein' and exin' for deinde and exinde.
Among the witnesses named were Keokuk and Stabbing Chief. The guilty parties were never arrested, and a nolle prosequi was entered at the October term at court, 1835. Gen. Scott, with a full regiment of regulars, came up the lake and landed at Chicago about the 10th of July the cholera in the meantime having broken out among his troops, from which several had died.
There is not that idem velle et idem nolle, there are none of those habits of life, nothing, that can bind men together even in the most ordinary society: the mutual means of such an union do not exist between them.
Idem velle idem nolle in re publica, ea demum firma amicitia est. The nations will at last attain firm friendship one with another in the day when a common moral will controls the scope of public things.
What a pity, I thought, it would be to interfere with such neat arrangements by submitting to a Nolle Prosequi as I would have done, had I tendered the recantation of my error that he insisted on!
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